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Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
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Duty to support and maintain in private international law
Hejduková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The aim of this diploma thesis on the topic of duty to support and maintain in private international law was to assess and evaluate the existing legislation that international law, regulation at the European Union level and domestic law provides for the application and enforcement of maintenance obligations in the presence of a foreign element. This work consists of a total of six chapters, which are divided into other subchapters to better understand its content. The first chapter deals with the very concept of alimony and the gradual change in the perception of its content across human history as well as individual human communities. Furthermore, in this chapter I deal with the determination of individual maintenance obligations in the Civil Code and the definition of the concept of maintenance obligations from perspective of private international law. The second chapter, deals with individual sources of private international law, especially the Hague Protocol adopted on the grounds of the HCCH, the Maintenance Regulation, the Act No. 91/2012 Coll., on private international law, the relations between them and the Office for International Legal Protection of Children, its history, development, but also its current significance. The third chapter focuses on the explanation of the concept of...
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The Table for Determination of Alimony - the Role and Efficiency in Judicial Practice
Dvořáková, Jitka ; Pavlík, Petr (advisor) ; Čermáková, Marie (referee)
Three years ago, the Ministry of Justice in the Czech Republic stated in judicial practice a recommending table whose intention was to unify the decision-making practice of courts in determining of alimony. The table should rectify a vague treatment of the maintenance obligations, guarantee a legal certainty for all participants and predictability of decisions. The alimony often covers only a part of all costs for a child under conditions that it is paid. The situation is even more problematic because the single-parent families with minors usually belong to the households which are mostly threatened by poverty. These families are most often headed by woman, who bears the brunt of caretaker and breadwinner roles. Their role is also influenced by the disadvantageous position at a labour market. The result of all these factors is usually a feminization of poverty and transmission of the standard of living from a mother to a child. My research interviews were focused on the fact if the table is used in practice. I evaluate its efficiency and represent modifications suggested by the courts. The analysis showed that not all courts use the table or use it at different levels. It is a consequence of reading of the word "recommending". This fact indicates a neglect of any need to use and a broader context...
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Duty to support and maintain in private international law
Horáková, Monika ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
RÉSUMÉ This master's thesis presents a detailed study on the topic of maintenance obligation in international private law, especially on maintenance obligation from parents towards children. This thesis examines the origins of maintenance order regulations, in particular we present analysis of "Haag Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations". This thesis also deals with "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations" and how this protocol relates to the Haag Protocol of 23 November 2007. The first chapter examines the sources of the regulation of the term "maintenance obligation" in private international law, especially on conflict of law rules. The conflict of law rules are covered - on the state level by law "91/2012 Sb.", about international law private, on the european level in "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations", and on the international level in Haag Protocol. The last sub- chapter of the first chapter covers the issues of law dealing with international protection of...
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The Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Štulík, Jan ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with the Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. By this provision the Czech law protects the statutory claim to maintenance between family members. The aim of this thesis is comprehensive explanation of all aspects of this crime. In introduction are analysed reasons, which led Czech lawmaker to enact punishability of failure to fulfill maintenance obligation. Special attention is given to historical evolution of this crime in Czech law. Main part of this thesis deals with elements of the crime, including definition of statutory maintenance obligation. Attention is given to condition of effective repentance (s. 197 of the Criminal Code) and possibility of concurrence. In the last chapter are described some procedural aspects.
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The issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Elischer, David (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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The issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Elischer, David (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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The issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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Duty to support and maintain in private international law
Horáková, Monika ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
RÉSUMÉ This master's thesis presents a detailed study on the topic of maintenance obligation in international private law, especially on maintenance obligation from parents towards children. This thesis examines the origins of maintenance order regulations, in particular we present analysis of "Haag Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations". This thesis also deals with "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations" and how this protocol relates to the Haag Protocol of 23 November 2007. The first chapter examines the sources of the regulation of the term "maintenance obligation" in private international law, especially on conflict of law rules. The conflict of law rules are covered - on the state level by law "91/2012 Sb.", about international law private, on the european level in "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations", and on the international level in Haag Protocol. The last sub- chapter of the first chapter covers the issues of law dealing with international protection of...
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